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Making Amendments

Making Amendments. What is a Constitution?. Establishes a plan of government or rule book for government Serves as a contract between the people and the government Sets forth the structure and functions of government Lists some of the rights of the people What else would you add?.

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Making Amendments

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  1. Making Amendments Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  2. What is a Constitution? • Establishes a plan of government or rule book for government • Serves as a contract between the people and the government • Sets forth the structure and functions of government • Lists some of the rights of the people • What else would you add? Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  3. What Does a Constitution Do? • It limits power of the government • It assigns powers of the government • It organizes government • It establishes rule of law • It protects the rights of the people • Anything else? • What is the difference between a Constitution and statutes? Should one be more general than the other? Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  4. The Hierarchy of Law United States Constitution If there is a conflict between a lower law and a higher one, the higher one “prevails”. Acts of Congress The U.S. Constitution is the “Supreme Law of the Land.” State Constitutions State Statutes (laws) City and County Laws

  5. Fun Facts…… • India has the longest written Constitution of any sovereign country in the world • 444 Articles, 12 schedules, 94 amendments • US Constitution is the shortest • 7 Articles and 27 Amendments Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  6. Federal v. State Constitutions • Should there be different expectations for what is included in the U.S. Constitution v. the State constitutions? • How should a federal constitution differ from a state constitution? Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  7. What Should Be In a Constitution? • Structure/design of the government? • Goals and purposes of government? • Powers given to the government? • Rights given to the people? • Protection of pigs? • Size of classrooms? • Wildlife conservation? Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  8. Is it in the Florida Constitution? • On your handout, Is It In the Florida Constitution?, determine if you think each item is in the Florida Constitution by circling “Yes” or “No”. Work on your own. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  9. The Florida Constitution What’s in it? Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  10. Provisions of the Florida Constitution • Preamble • Article I: Declaration of Rights • Article II: General Provisions • Article III: Legislature • Article IV: Executive • Article V: Judiciary • Article VI: Suffrage and Elections • Article VII: Finance and Taxation • Article VIII: Local Government • Article IX: Education • Article X: Miscellaneous • Article XI: Amendments • Article XII: Schedule Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  11. Amending the Florida Constitution Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  12. Amendment Processes • Florida has more ways to amend its Constitution than any other state. • 5 ways to amend the Florida Constitution (Article XI): • Constitutional Revision Commission • Taxation and Budget Commission • Voter initiative to call a Constitutional Convention • Florida Legislature (Joint Resolution) • Voter (ballot) initiative Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  13. I. Florida Legislature may propose amendments to the Constitution • Article XI, Section 1 Florida Constitution • The only way the Florida Legislature can propose an amendment to the Florida Constitution is through a Joint Resolution • Need 3/5 votes of the membership of both houses for the proposed amendment to pass. • Goes directly on the ballot for voter review unless challenged in the courts. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  14. What happens if a legislative initiative* is challenged? *A legislative initiative may also be referred to as a joint resolution. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  15. Joint Resolution Example • The Florida Legislature proposed a constitutional amendment on Health Care Freedom. • The full text of the amendment would ban laws that required people to participate in a health care system. • Yet, the ballot summary stated that the amendment would “ensure access to health care without waiting lists” and would “protect the doctor-patient relationship”. • The Legislature designated that the title and summary be placed on the ballot. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  16. Legal Action Filed • Four individuals filed a lawsuit against the state regarding the ballot title and summary of the Florida Health Care Freedom Amendment 9 • The individuals claimed the ballot title and summary misled the public of the amendment’s true intent Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  17. Trial Court • In 2010, Amendment 9 was taken off the ballot following a court ruling by a Leon County circuit court judge • The judge said the amendment was misleading and could confuse voters • 3 misleading statements in the ballot summary Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  18. 3 Misleading Statements in the Ballot Summary • “Ensure access to health care services without waiting lists.” • The actual amendments said nothing about waiting lists • “Protect the doctor-patient relationship” • The actual amendment said nothing about this relationship and did not address doctor-patient confidentiality • “Guard against mandates that don’t work” • Neither summary nor amendment mentioned what mandates were at issue, why they work, or for whom they do not work Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  19. Florida Supreme Court • An appeal was filed • Florida Department of State v. Mona Mangat, et al. • The Florida Supreme Court affirmed that the ballot language was misleading and ambiguous, upholding the circuit court decision • The proposed constitutional amendment was removed from the ballot Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  20. II. Voter Initiative Proposals • Also called Citizen Initiative Petition or Ballot Initiative • Article XI, Section 3 Florida Constitution • Florida Constitution grants the people the power to propose amendments to the Constitution • Specific signature and petition format requirements • Attorney General petitions the Supreme Court for advisory opinion regarding the compliance of the text of the proposed amendment with Article XI, Section 3 of the Florida Constitution and Section 101.161 F.S. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  21. Court Review of Voter Initiatives • The Court looks at two legal issues • Whether the proposed amendment’s title and summary are “printed in clear and unambiguous language” • Whether the proposed amendment addresses a single subject • The Court does NOT rule on the merits or wisdom of the proposed amendment Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  22. For both types of initiatives • The voters ultimately vote to decide if the proposal is added to the Florida Constitution. Requires 60% of voters to approve the proposal. • The courts may or may not have a role in reviewing the initiative PRIOR to its placement on the ballot depending on the type of initiative. • Once passed by the voters, it is included in the Florida Constitution. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  23. Overview Legislature Proposed Amendments Voter Proposed Amendments Legal action filed Lower Courts Florida Supreme Court Ballot Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  24. You be the Judge • Distribute copies of proposed constitutional amendments (one issue or proposal per group) • Have the groups evaluate the proposals using the Handout and criteria set forth under the Florida Constitution and state statutes. • Debrief and discuss. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  25. The Government “If men were angels no government would be necessary.” – James Madison Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  26. Citations • http://election.dos.state.fl.us/constitutional-amendments/init-peti-process.shtml • http://en.wikipedia.org/wiki/Florida_Constitution • http://www.law.fsu.edu/journals/lawreview/downloads/251/martin.pdf • http://www.sagepub.com/lippmanstudy/state/fl/Ch01_Florida.pdf • http://www.tampabay.com/news/business/corporate/florida-legislatures-proposed-constitutional-amendments-keep-getting/1112920 • http://www.law.fsu.edu/journals/lawreview/issues/232/jameson.html#FNR138 Developed by The Florida Law Related Education Association, Inc, www.flrea.org

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